Background
The H-4 visa is for the spouses and dependents of H visa holders who would like to accompany the principal H visa holder into the U.S., but it is tied to the principal H visa holder’s status, so if they lose their status, the H-4 visa is affected as well. It’s important to weave an intricate case around both the principal holder and the spouse or partner so that USCIS grants everyone legal status to remain in the United States.
VisaNation Case Strategy
As a part of a Machine Learning company, our client specializes in utilizing risk management solutions to address tangible business challenges. Holding the role of a Senior Application Programmer, our client reported directly to the Chief Executive Officer. Even though our client would be working remotely, he would still remain under the control of the petitioner at all times. He would still be expected to follow all the company’s internal processes and procedures in his remote setting.
He would be in charge of:
- Developing and testing software for enhancements and new products
- Providing Ad-hoc data analysis
- Creating graph structures from databases
- Making models that address the company’s data science needs
- Consulting
- Creating training on AI and Machine learning
Classified under the Software Developers category, our client’s position qualified as a specialty occupation under 8 U.S.C. § 1184(i). Holding a bachelor’s degree from India equivalent to a U.S. bachelor’s degree in information technology, our client was proposed a wage level IV by the petitioner, reflecting the intricacies of the role. This detail proved crucial in our client’s application, as a lower wage could potentially undermine the assertion of the position’s complexity as a specialty occupation.
Verdict
Emphasizing the temporary nature of his employment was crucial, especially as we concurrently filed for his wife’s H4, and they had a toddler with them. Demonstrating commitment to H-1B extensions was vital. Any inconsistency suggesting a desire to discontinue working with the petitioner or transfer to another job could result in the rejection of the extension. Fortunately, all documentation was in order, and within two months, our client’s extension and H4 were approved!
